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Latest Local Government News

Q&A—HMCTS family public law and adoption online portal

The following Family news provides comprehensive and up to date legal information on Q&A—HMCTS family public law and adoption online portal

Family proceedings court fee increases from 30 September 2021

The following Family news provides comprehensive and up to date legal information on Family proceedings court fee increases from 30 September 2021

Local Government weekly highlights—23 September 2021

The following Local Government news provides comprehensive and up to date legal information on Local Government weekly highlights—23 September 2021

Social care reforms in England—how will they work in practice?

The following Local Government news provides comprehensive and up to date legal information on Social care reforms in England—how will they work in practice?

Featured Local Government content

Arms length management organisations (ALMOs)

Arms length management organisations (ALMOs)An arms length management organisation (ALMO) is a not-for-profit company that provides housing services...

Professional Standards Authority

Professional Standards AuthorityWhat is the Professional Standards Authority?The Professional Standards Authority (PSA) oversees the work of the UK’s...

Reversionary lease by reference

LR1. Date of the lease[date]LR2. Title Number(s)LR2.1 Landlord's title number(s)[title numbers out of which this Lease is granted. Leave blank if not...

Energy Performance Certificates (EPCs) for commercial property in Scotland

Energy Performance Certificates (EPCs) for commercial property in ScotlandHow do EPCs apply to commercial property in Scotland?This Practice Note...

Practice notes

Judicial review—time limits and the pre-action protocol

Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to...

Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 19th May

Practice notes

Highways, street works and statutory undertakers

Highways, street works and statutory undertakersCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been...

Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 19th May

Practice notes

Off-street parking orders

Off-street parking ordersSTOP PRESS: the Parking Places (Variation of Charges) Act 2017 came into force on 27 June 2017 and has introduced a change to...

19th May

Practice notes

Malicious falsehood

This Practice Note provides an introduction to the tort of malicious falsehood. Unlike a claim for defamation, there is no requirement in a claim for...

Produced in partnership with 5RB 19th May

In-house

Practice notes

How to obtain a writ of control—High Court judgments

How to obtain a writ of control—High Court judgmentsThis Practice Note concerns provisions of the CPR and related legislation (The Tribunals, Courts...

19th May

Practice notes

Brexit—exiting the EU under Article 50 [Archived]

Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...

Produced in partnership with Adam Cygan of University of Leicester 19th May

Brexit

Q&As

What is the purposive approach to statutory interpretation?

What is the purposive approach to statutory interpretation?Purposive (teleological) constructionThe purposive approach has its roots in legal systems...

19th May

Q&As

What effect does the service of a notice of seeking possession (NOSP) have on the legal status of a secure tenant? When does a secure tenancy end, on service of NOSP or on granting of the eviction order?

What effect does the service of a notice of seeking possession (NOSP) have on the legal status of a secure tenant? When does a secure tenancy end, on...

Produced in partnership with Alex Campbell of Field Court Chambers 19th May

Practice notes

Call-off procedures under framework agreements

Call-off procedures under framework agreementsBrexit impact—public procurementThe UK public procurement regime derives from EU public procurement...

Produced in partnership with Mr Andrew Millross of Anthony Collins Solicitors 19th May

Practice notes

Demoted tenancies

Demoted tenanciesCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals...

19th May

Practice notes

Assignment and succession of tenancy

Assignment and succession of tenancyCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 19th May

Practice notes

Sexual entertainment licensing

Sexual entertainment licensingWhat is a sex establishmentThe Local Government (Miscellaneous Provision) Act 1982 (as amended) (LG(MP)A 1982) creates...

Produced in partnership with Chris Grunert of John Gaunt Solicitors 19th May

Practice notes

The standstill period

The standstill periodWhat is the standstill period?When a contracting authority reaches its decision on the award of a public contract subject to the...

Produced in partnership with Lee Digings of Lee Digings Associates 19th May

Practice notes

Teacher serious misconduct in England

Teacher serious misconduct in EnglandCoronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA...

19th May

Practice notes

Child protection conferences

Child protection conferencesPlease note the information in this Practice Note relates to the current law in England. The law in Wales in this area is...

Produced in partnership with Claire Cousin 19th May

Practice notes

Special Educational Needs and Disability Tribunal (SENDIST)

Special Educational Needs and Disability Tribunal (SENDIST)Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the...

Produced in partnership with Shazia Akhtar of Hardwicke Chambers 19th May

Most recent Ownership content

Practice notes

Right to buy

Right to buyScope of the right to buyEnglandThe Right to Buy (RTB) scheme operates in England under provisions in the Housing Act 1985. WalesThe RTB...

Produced in partnership with Kevin Long of Hackney Community Law Centre 22nd Sep

Practice notes

Right to acquire

Right to acquireWhat is the Right to Acquire?The Right to Acquire (RTA) gives eligible housing association tenants a statutory right to buy the...

Produced in partnership with Kevin Long of Hackney Community Law Centre 22nd Sep

Q&As

A tenancy was solely in Party A’s name and has recently, via property adjustment order, been transferred solely into Party B’s name. Under the right to buy scheme, would Party B need to wait three years from the date of the property adjustment order, or three years from the date of the original tenancy agreement? Would the position change if the first year of the original tenancy was an introductory tenancy?

A tenancy was solely in Party A’s name and has recently, via property adjustment order, been transferred solely into Party B’s name. Under the right...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 22nd Sep

Q&As

Can a local authority dispose of a property to a non-registered housing provider without the consent of the Secretary of State?

Can a local authority dispose of a property to a non-registered housing provider without the consent of the Secretary of State?In England, Wales and...

22nd Sep

Practice notes

Entitlements under shared ownership leases

Entitlements under shared ownership leasesThrough shared ownership (SO) the purchaser buys a share of the property and pays rent on the remainder....

Produced in partnership with Kevin Long of Hackney Community Law Centre 27th Aug

Q&As

Could the postponement of a council's right to buy (RTB) charge (which secures the RTB discount) be dealt with by letter/certificate confirming that the council agrees to postpone their charge? Would it have to take the form of a deed?

Could the postponement of a council's right to buy (RTB) charge (which secures the RTB discount) be dealt with by letter/certificate confirming that...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 15th Aug

Q&As

Is there any statutory authority which allows a council to include a covenant in a freehold transfer of part requiring the council's (as transferee) consent prior to making structural alterations to a property being sold under the right to buy?

Is there any statutory authority which allows a council to include a covenant in a freehold transfer of part requiring the council's (as transferee)...

15th Aug

Q&As

A council is obliged to sell leasehold properties under the Right to Buy provision, but there remains only 71 years on the leasehold of a property whose freeholders are unknown and unregistered. Is there a way for the council to extend the lease the leasehold ownership or acquire the freehold?

A council is obliged to sell leasehold properties under the Right to Buy provision, but there remains only 71 years on the leasehold of a property...

15th Aug

Q&As

Can a local authority dispose of a dwelling house used as staff accommodation rather than social housing without Secretary of State consent or will it be required in accordance with the General Housing Consents?

Can a local authority dispose of a dwelling house used as staff accommodation rather than social housing without Secretary of State consent or will it...

Produced in partnership with Kevin Long of Hackney Community Law Centre 15th Aug

Q&As

A housing association seller has a headlease from the council. The headlease contains an absolute prohibition on underletting. The particular concern is that this could create an issue in future if the buyer/successor-in-title wishes to exercise the right to acquire and apply for a lease extension. The council will not consent to a deed of variation to remove the prohibition on underletting insisting that the statutory rights are sufficient. Does a preserved right to acquire/statutory right to extend a lease prevail over the express provisions of the head lease to the contrary?

A housing association seller has a headlease from the council. The headlease contains an absolute prohibition on underletting. The particular concern...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Aug

Q&As

What are the standard contract provisions for the sale of a residential property under the ‘right to buy’ scheme?

What are the standard contract provisions for the sale of a residential property under the ‘right to buy’ scheme?Exercising the right to buy (RTB)If a...

15th Aug

Practice notes

Affordable home ownership

Affordable home ownershipThe most commonly referred to definition of ‘affordable home ownership’ is set out in Annex 2 (b–d) of the National Planning...

Produced in partnership with Kevin Long of Hackney Community Law Centre 15th Aug

Q&As

Does section 178 of the Housing Act 1985 apply to costs that arise from enquiries made by a purchaser exercising their right to buy which relate to land contamination? Would a local authority be under an obligation by virtue of section 178 to provide replies to land contamination enquiries free of charge?

Does section 178 of the Housing Act 1985 apply to costs that arise from enquiries made by a purchaser exercising their right to buy which relate to...

Produced in partnership with Elizabeth England 15th Aug

Q&As

What is the difference between a local authority and a local housing authority?

What is the difference between a local authority and a local housing authority?What is a local authority?A local authority (LA) is the general term we...

Produced in partnership with Elizabeth England 15th Aug

Q&As

Is it possible for the right to buy to arise where a County Council grants an assured shorthold tenancy for a private residential self-contained house?

Is it possible for the right to buy to arise where a County Council grants an assured shorthold tenancy for a private residential self-contained...

15th Aug

Q&As

Does an assured shorthold tenant have the right to buy a property built by a local authority as part of a joint venture company?

Does an assured shorthold tenant have the right to buy a property built by a local authority as part of a joint venture company?Local housing...

15th Aug

Q&As

Regarding the right to buy, what happens if one of two buyers withdraw during the process due to a marriage separation? It is noted that under section 122(3) of the Housing Act 1985 the notice can be withdrawn at any time, but can one tenant wash their hands with it or does the whole process have to start again? In Form RTB1 any tenant not wishing to proceed initially with the buy has to indicate as such on the form before the claim is made, is there any guidance for when one of two buyers wishes to withdraw mid-process?

Regarding the right to buy, what happens if one of two buyers withdraw during the process due to a marriage separation? It is noted that under section...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Aug

Q&As

Is there anything in the right to buy regime that prohibits a private arrangement whereby an individual funds the purchase price in return for acquiring the beneficial interest in the property subject to the legal owners right to remain in the property rent free?

Is there anything in the right to buy regime that prohibits a private arrangement whereby an individual funds the purchase price in return for...

15th Aug

Q&As

Does the right of first refusal for a local authority on the sale of a former right to buy property apply only to the first disposal or can the words ‘subsequent disposal’ in the Housing (Right of First Refusal) (England) Regulations 2005, SI 2005/1917 and Housing (Right of First Refusal) (Wales) Regulations 2005, SI 2005/2680 mean that it extends to any sale in the relevant period?

Does the right of first refusal for a local authority on the sale of a former right to buy property apply only to the first disposal or can the words...

15th Aug

Q&As

Can a registered provider seek a second valuation for a right to buy property if they do not agree with the first valuation? Is there any case law that supports the view that they can seek a second valuation?

Can a registered provider seek a second valuation for a right to buy property if they do not agree with the first valuation? Is there any case law...

15th Aug

Ownership

View Local Government by content type:

Latest Local Government News

Q&A—HMCTS family public law and adoption online portal

Family proceedings court fee increases from 30 September 2021

Local Government weekly highlights—23 September 2021

Social care reforms in England—how will they work in practice?

Featured Local Government content

Arms length management organisations (ALMOs)

Professional Standards Authority

Reversionary lease by reference

Energy Performance Certificates (EPCs) for commercial property in Scotland

Most recent Ownership content

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Claiming negligent misrepresentation or negligent misstatement—practical considerations

Arbitration agreements—definition, purpose and interpretation

Reserved judgments

Tort—the different types of tort

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